Burglary Victim Accused of Murder for Killing Burglar

[Bill Mattocks]

In most jurisdictions that I know of, you cannot go out hunting for the burglar and shoot him and still call it 'self defense'. Unfortunate circumstance - I don't think anyone would be sorry to see a scumbag burglar gone, but this isn't the way to go about it.

http://www.king5.com/news/local/Arlington-Burglary-victim-accused-of-murdering-burglar-70526007.html

Arlington burglary victim accused of murdering burglar


ARLINGTON, Wash. – Snohomish County sheriff's detectives say a burglary victim is now a murder suspect after allegedly killing the burglar, hours after the crime.
Keira Earhart, 38, appeared in court Thursday on investigation of second-degree murder.
It all started Monday at Earhart's home in the 22800 block of 37th Avenue Northeast in Arlington.
"He saw the suspect running out of his house and he called 911 to report that," said Snohomish County Sheriff's spokesperson Rebecca Hover.
A couple hours later, a half-mile down the road, Earhart spotted the same man hiding in a ditch. A neighbor said Earhart had a gun and yelled for the burglar to stop. As the burglar took off towards the woods, Earhart allegedly fired, what he would later tell the neighbor, were two warning shots.

 

[jks9199]

Unfortunately for the burglary victim, it looks like he's going to have an uphill battle on this. Best case scenario, based on the article, is he fires two "warning shots" without proper regard for where he's shooting. He's lucky he didn't hit somebody's kid or some other innocent person. So, he's looking at reckless discharge of a firearm or some similar charge. Those are still felonies in my neck of the woods... (OK; he could conceivably go for shooting across a road... but I doubt it given that someone died.) Worst case -- they decide he went hunting for the burglar, intent on killing him, and charge and convict him of murder.

This is a great example why you have to understand the laws about when you can defend yourself, as well as know when you can shoot if you're going to carry a gun.

 

[MA-Caver]

Unfortunately for the burglary victim, it looks like he's going to have an uphill battle on this. Best case scenario, based on the article, is he fires two "warning shots" without proper regard for where he's shooting. He's lucky he didn't hit somebody's kid or some other innocent person. So, he's looking at reckless discharge of a firearm or some similar charge. Those are still felonies in my neck of the woods... (OK; he could conceivably go for shooting across a road... but I doubt it given that someone died.) Worst case -- they decide he went hunting for the burglar, intent on killing him, and charge and convict him of murder.

This is a great example why you have to understand the laws about when you can defend yourself, as well as know when you can shoot if you're going to carry a gun.

Shooting a burglar in your house is one thing... shooting the guy in your yard is another... shooting the guy while he's OFF your property... well... it's basically murder even if in the 2nd degree which as I see it isn't. You walk out of your house with a live weapon with the intent to use it on someone and there is no immediate threat to you (the guy was running away or far from the home) then you have murderous intent.
Sure you're mad the bastard broke into your private domain, sure you're mad that he pilfered your stuff without regard to it's (personal) value to you, sure you're mad that he posed a life threatening situation in your home while being in your house uninvited and with no good intentions in mind.... but if he's no longer there and no longer anywhere NEAR your home (read: inside your property line) then he's no longer a threat unless he is pointing a weapon at the house/windows knowing you and yours are still in the home... then it's premeditated murder because you planned to shoot the guy with intent to kill.
Inside your house, blow him away... out in your yard and going TOWARDS your house and/or a loved one with a weapon (any type: prybar, bat, knife, gun) clearly visable... blow him away. Walking away from your house (even with property in hand)... call the police give an accurate description and STAY in your home and touch nothing (the burglar might've been stupid enough NOT to wear gloves... they walk among us), sit there and wait for the police to arrive and call your insurance company to boot if you have coverage.

 

[grydth]

Firing 2 "warning shots" into somebody's back when they are running away from you in a field will result in a murder charge in most places. The burglar is dead and the home owner is probably toast. No winners here.

 

[jks9199]

Firing 2 "warning shots" into somebody's back when they are running away from you in a field will result in a murder charge in most places. The burglar is dead and the home owner is probably toast. No winners here.

Yep; I wasn't as clear on that as I intended to be. "Best case" was from the burglary victim's perspective, as was "worst case." At a guess -- he's gonna be charged with murder, and probably be well advised to plead down to something like manslaughter, if offered.

 

[Deaf Smith]

Even in Texas, where with the Castle Doctrine and 'stand your ground' laws, you still cannot hours later hunt down the thief and if they try to run shoot them in the back.

Now if you make a citizen’s arrest AND they attack you, well that's self defense, but not just run off.

About ten years ago in Longview Texas a man caught someone burglarizing his house. The thief ran out the door with his VCR. Half way down the road the thief threw the VCR down and kept running. The householder shot the thief in the back and he was DRT.

Yes he was charged with murder. If he had shot while the thief had the VCR still in his hands, he could have claimed there was no way to retrieve the property (and thus a legal shoot here in Texas.) But the VCR was nowhere near the deceased thief and thus a murder charge.

Know your laws well and act accordingly.

Deaf